Hinds County Chancellor Dewayne Thomas upheld the constitutionality of charter schools today and dealt a blow to the Southern Poverty Law Center's attempt to outlaw charter schools.
The Southern Poverty Law Center asked Hinds County Chancellor Thomas to declare Mississippi charter schools unconstitutional and
illegal. The nominal plaintiffs are John Sewell, Kimberly Sewell,
Evelyn Araujo, Charles Araujo, Cassandra Overton-Welchlin, Lutaya
Stewart, and Arthur Brown. The suit named Governor Phil Bryant, the Mississippi
Department of Education, and the Jackson Public School District as
defendants. Earlier post about complaint.
The key point of the opinion is:
Plaintiffs submit that public charter schools are not "free school" and so the funding mechanism of Section 37-28-55(1)(a) is unconstitutional. ..... Mississippi public education is a free education; likewise, Mississippi public charter schools are free schools. The MCSA specifically provides that public charter schools may not charge tuition. See Mississippi Code Annotated §37-28-43(4). The plain language of Section 208 provides that schools must be conducted as a free school to receive appropriations. A free school is a school which does not charge tuition.The complaint claimed the Charter School Act (CSA) "diverts public money to charter schools" from ad valorem taxes and "per-pupil funds from the Mississippi Department of Education". It is argued that the ad valorem tax revenue belongs to the local school district and can not be given to a school outside of the district's "control".
SPLC also posits that the Mississippi Constitution bars the legislature from giving money to any school that is not a "free school". However, SPLC argues that a free school isn't just one that charges no tuition. A "free school" must be also be under the control of both the state and local Superintendents of Education.
Posted below
Order: Page 1
Opinion: Page 3
Amended Complaint: Page 10
23 comments:
*Jody and Will stare blankly at computer screen, mouths agape*
"Rats, DeWayne, outsmarted us this time..."
*Type furiously on keyboard continuing to waste two perfectly good intellects*
Bardwell goes down in flames. Thomas won't be overturned.
It is hard to imagine any group with more hate (and offshore cash) than the Southern Poverty Law Center.
SPLC... they're try I ng to deny black mothers in inner cities the right to send there kids to a better school. SPLC is a racist organization and collects the money rather than giving to the poor black victims they claim to help. Also anti catholic as well as a Jewish hating group. These people are sick
Lost on Initiative 42, got forced out at MT, and now this...Patsy is really on a streak.
Good news!
Great for the improvement of education .....socialist don't want the competition ....
Love it !!!!
Shock & awe at the SPLC headquarters.
I have no doubt that many there are on the floor screaming & throwing toddler style temper tantrums tonight.
Let me make one thing clear... my child is learning and his test scores are improving since I enrolled him from his JPS school to a charter school. It's night and day difference. Only problem I have with it is the extra weekend responsibly of community service requirement. It's too frequent and hard with my work schedule so my mom picks him up. Other than that I feel blessed to have him there.
Congrats 6:40. You are doing the right thing for your child!
judging by the outcomes of charter school education in MS so far, the kids are far better off even in JPS.
the charter school people can't find quality teachers to work for less than the public schools pay, and the best teachers are going to go where they make more money and can enroll in PERS.
@ 6:40
I know of 2 south Jackson parents that are thankful for charter schools. The guy that works in our warehouse talks about it an awful lot. He also has a son at Wingfield I think he said. He tells me you can't even compare the 2. Not sure about weekend service though. I'm not familiar with that. Sounds like a good thing though.
I've have known Jody and his entire family for years and years. All very nice people. Although if you notice Jody doesn't send his kids to JPS or any public school for that matter. I guess he likes school choice. It's amazing isn't it. I guess what's good for some isn't for others.
It's beyond my thinking why a parent would want their child in a public school while they can go to a charter school. The public school ain't working!!!
Come on people stop playing the race card with our children's betterment for education.
The SPLC is wrong on this one! I'm black and was educated in the Hinds County School System in the 60's and early 70's. My parents would loved to have me in a charter school.
Come on, be for real, would you send your child to a public school if they had a chance in a better learning environment.
A few kids that make it, is better that a whole lot of unlearned dummies that didn't have a choice to make it!
The environment in the charter schools could possibly change lives for a lost generation.
The "best teachers" ain't going to work at JPS.
Many of the kids that entered Reimagine in the 5th grade were at a first grade reading or math level. No one knew the JPS kids were that far behind when this all started. The growth scores were pretty good. It barely missed getting a C last fall and will probably get one this year as its numerical score has risen.
The teachers are not paid less than JPS. The administrators are but I suspect that the high prices paid to the suits has never bothered you.
I don't know whether Charter School personnel are under PERS or not. Don't think I've read anything anywhere about that. But there are probably plenty of teachers who retired with 25 who have a community, giving, teaching heart and will get involved in Charters. Just a guess.
The charter school students averaged increase of 3 reading levels in 1 school year when enrolled from a JPS school. My son is well ahead of his reading level since enrolling him this past august. The discipline is much better. My child knows that if he is locked out for a discipline reason I will beat him senseless... trust me these parents are thrilled with the testing scores produced by charter schools. Ask Jody if school choice isn't a wonderful option. He has it and thankfully as a single mother I do too.
A government mandated race for misery is all the Donkeycrats have to offer.
The SPLC is in business to line their wallets and to demonize those who dare to disagree with them. The SPLC scare me more than the skin-heads or the black panthers.
If the "hate-lists" had any credibility, the SPLC would be from and center.
Just to be clear, two of Jody's kids attend JPS. I know this because they are in school with my kids.
@11:59- and which school is that?
It seems that JPS doesn't want the competition. I can guarantee you that the charter schools would put JPS to shame. These former JPS parents are proud of these charter schools and the results seem amazing. I'm glad these parents have the option to send kids to that school. Good for them. I see the wait list is a mile long for charter schools in Jackson.
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